Establishes Veteran's Treatment Court Program.

S4394

SENATE, No. 4394

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 1, 2026

Sponsored by:

Senator� RAJ MUKHERJI

District 32 (Hudson)

Senator� MICHAEL L. TESTA, JR.

District 1 (Atlantic, Cape May and Cumberland)

Co-Sponsored by:

Senators Amato, Corrado and Diegnan

SYNOPSIS

���� Establishes Veterans Treatment Court Program.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning justice-involved veterans amending various
parts of the statutory law, and supplementing Title 2C of the New Jersey
Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� (New section)� The
Legislature finds and declares:

���� Pursuant to P.L.2017, c.42
(2C:43-23 et seq.), there was established a Statewide Veterans Diversion
Program, with the purpose of diverting eligible servicemembers away from the
criminal justice system and into appropriate case management and mental health
services as early as possible following an interaction with law enforcement
where the servicemember is alleged to have committed an eligible offense.�
Under that Act, those eligible offense where non-violent petty disorderly
persons offense, disorderly persons offense, or crime of the third or fourth
degree.

���� However, there is an
additional �need for a court intervention and veterans treatment services in
this State.� Thus, the Statewide Veterans Treatment Court Program , established
pursuant to P.L. , c. (C. )
(pending before the Legislature as this bill), shall have the purpose of
treatment of veterans in an accountability-based court system designed to
stabilize individuals whose conduct is closely linked to untreated trauma and
behavioral health conditions.� The system, a second track for justice-involved veterans,
would expand, not replace, the Statewide Veterans Diversion Program,
established by P.L.2017, c.42, (C.2C:43-23 et al.).�

���� The need for a second track
for justice-involved veterans has become evident because, in practice, the
existing prosecutor-led veteran diversion program primarily serves individuals
charged with lower-level, non-violent offenses, with a goal of directing these
individuals away from criminal prosecution.� However, veterans, who have
experienced combat-exposure, post-traumatic stress disorder, traumatic brain
injury, or serious substance use disorders enter the justice system with more
serious charges, and thus fail to qualify for the existing veteran diversion
programming.� Moreover, due to the discretionary nature of the existing system
of veterans diversion within the criminal justice system, New Jersey does not
consistently require a dedicated judge, interdisciplinary team, structured
reassessment, or standardized clinical engagement.�

���� Thus, P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill) creates a second
track for the voluntary entry into a court-led program of post-conviction treatment,
a specialized court docket in three regions of the State to address the
intersection of military service, trauma, addiction, and justice involvement
through structured judicial supervision and coordinated clinical care.� Enactment
of this legislation in New Jersey will continue a trend pursuant to which
states have moved beyond diversion-only approaches and developed specialized
veterans treatment courts (VTC) or programs.

���� 2.� (New section)� As used in P.L.���
, c.���� (C.������� ) (pending before the Legislature as this bill):

���� The terms �servicemember,� �mental
illness,� and �veteran� shall have the same meaning as set forth in section 1
of P.L.2017, c.42 (C.2C:43-23).

���� �Central region means
Middlesex, Monmouth, Mercer and Union Counties.

���� �Eligible offense� includes
petty disorderly persons offenses, disorderly persons offenses, or any crime
set forth in title 2C of the New Jersey Statutes but shall not include an
ineligible offense.�

���� �Eligible person� means any
servicemember or a veteran discharged under conditions other than dishonorable

who is mentally competent as that term is defined in N.J.S.2C:4-4;
allegedly committed an eligible offense, or allegedly committed an ineligible
offense but is approved for participation by the court, and is not otherwise
disqualified by the provisions of P.L.��� c.�� (C.����� ), (pending before the
Legislature as this bill), and has been diagnosed with a mental disorder or
substance use disorder, either previously or through an assessment conducted
through the Veteran Court Treatment Program, and there is a nexus between the
person�s mental disorder condition or substance use disorder condition and the
commission of the alleged crime as determined by a licensed mental health or
substance use disorder professional.� Such conditions may include sexual
trauma, traumatic brain injury, and post-traumatic stress disorder.

����
�Ineligible offense�
means:�

���� (1)� murder pursuant to
N.J.S.2C:11-3;

���� (2)� aggravated sexual assault
pursuant to subsection a. of N.J.S.2C:14-2; or

���� (3)� any offense enumerated in
N.J.S.2C:47-1 for which the defendant�s conduct was characterized by a pattern
of repetitive, compulsive behavior.

���� � Mental health professional�
means a person who holds a current, a valid license issued pursuant to
subsection a. of section 6 or subsection a. or d. of section 8 of P.L.1991,
c.134 (C.45:15BB-1 et seq.).� The licensed mental health professional shall also
have training or certification in co-occurring diagnoses, treatment, and
services.

���� �Memorandum of Understanding�
means a document, to be drafted by the New Jersey Administrative Office of the
Courts, and signed by the stakeholders in the New Jersey Veteran�s Treatment
Court Program, to establish the rights and responsibilities of each stakeholder
to provide each qualified veteran charged under the New Jersey Code of Criminal
Justice an opportunity to receive rehabilitative, mental health, and social
services.� The stakeholders include the New Jersey Judiciary, the Pretrial
Services Program, the Probation Division, the Attorney General, the Public
Defender and veteran mentors.

���� �Northern region� means
Bergen, Essex, Hudson, Hunterdon, Morris, Passaic, Somerset, Sussex, and Warren
Counties.

���� �Participant Agreement� means the
document which sets forth the rules and expectations established for a
participant in the New Jersey Veteran�s Treatment Court Program which shall
must be reviewed and signed by a participant and other program participant prior
to the start of treatment.

���� �Psychosocial assessment� or �psychosocial
evaluation� means a written evaluation of an individual�s mental and emotional
functioning.

���� �Southern region� means
Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean, and
Salem Counties.

���� �Statewide Veteran�s Treatment
Court Program� or �Veterans� Treatment Court� means the program established
pursuant to P.L. c. (C. ), (pending
before the Legislature as this bill).

���� �Veterans Court Program Team�
means the judge, who presides over a team of professionals from the fields of
mental health, substance use disorders, and criminal justice.� Additional
members of the team shall include Probation Services, Pretrial Services,
defense attorneys and the prosecutor.

���� �Veterans Court Program
Treatment Team� means the treatment professional members of the Veteran Court
Program Team presided over by the judge of the Veterans Treatment Court Program
Team.

���� 3.� (New section)� a.� (1)� There
is hereby created a Statewide Veterans Treatment Court Program intended to
address the underlying cause of the criminal conduct in the veteran population by
combining the resources of the Judiciary, including
,
but not limited to,
judicial supervision, pretrial, and probation services, with clinical treatment
programs to achieve an improved outcome for the participants and promote public
safety by supporting sobriety and law-abiding behavior through reducing relapse
and recidivism.

���� (2)� The Statewide Veteran
Treatment Court Program shall be established initially in no less than three
judicial vicinages, with at least one program operating in each of the
northern, central, and southern regions of the State.�

���� (3) The Attorney General, in
consultation with the Administrative Office of the Courts, shall select the
vicinages that shall participate in the Statewide Veteran Treatment Program,
and, within one year of the effective date of P.L.���� c.��� (C.������ ),
(pending before the Legislature as this bill) shall designate currently
operating veterans mental health and substance use disorder programs pursuant
to paragraph (4) of this section or cause to be established and maintained new
veterans mental health programs in additional selected vicinages, which shall
accept eligible persons from within the vicinage.

���� (4) Programs in the Statewide
Veteran Treatment Court Program shall be eligible to receive funding from the
Statewide Veteran Treatment Court Program Fund" established pursuant to
section 10 of P.L.��� , c.���� (C.������� ) (pending before the Legislature as
this bill). to defray the costs of program administration and operation.

���� (5) A veterans mental health or
substance use disorder treatment program in operation on the effective date of P.L.���
, c.���� (C.������� ) (pending before the Legislature as this bill) that serves
the purpose of providing appropriate case management, mental health or
substance use disorder services, and that applies the same eligibility criteria
as provided under P.L.��� , c.���� (C.������� ) (pending before the Legislature
as this bill) may be deemed to comply with the requirements of this act and may
be selected by the Attorney General for inclusion in the Statewide Veterans
Treatment Program established pursuant to this act.

���� (6) The Statewide Veterans
Treatment Court Program shall operate under a consistent judicial framework.�
Each regional program shall operate through standardized operating agreements,
supported by a designated Veterans Treatment Court judge, participation by
prosecutors and defense counsel, probation-led case management and compliance
monitoring, formal integration with Department of Veterans Affairs treatment
systems, structured mentor involvement, and standardized data tracking and
outcome reporting.

���� b.��� The Attorney General, in
consultation with the Administrative Office of the Courts, Department of
Veterans Affairs, and the Department of Human Services, shall designate at
least one regional Veterans Treatment Court Program Treatment Team for the
northern, central, and southern regions of program operation to coordinate case
management, mental health, and substance use disorder services to eligible
persons participating in the program, provided, however, that nothing in this subsection
shall be construed to prevent a Statewide Veterans Treatment Court Program from
using other providers.

���� c.���� No later than two years
after the establishment of the Statewide Veterans Treatment Court Program
pursuant to subsection a. of this section, the Attorney General, in conjunction
with the Administrative Office of the Courts, Department of Veterans Affairs,
and the Department of Human Services, may, subject to the availability of
funds, expand the program to additional vicinages, and shall have discretion to
modify the program to meet the intent of P.L.��� c.��� (C.������ ) (pending
before the Legislature as this bill).

���� d.��� The Attorney General
shall publish on its website information regarding the Veterans Treatment Court
Program, including the guidelines required pursuant to P.L.���� c.��� (C.������
), (pending before the Legislature as this bill).

���� 4.� (New section)� The Administrative
Office of the Courts, the Department of Veterans' Affairs, and the Department
of Human Services shall collaborate with the United States Veterans Health
Administration, and, United States Vet Centers, to create a Memorandum of
Understanding in accordance with P.L.� , c. (C. ��
) (pending before the Legislature as this bill) to establish the rights
and responsibilities of each stakeholder involved in the Veterans Treatment
Court program.

���� 5.� (New section)� a.� Referral.�
Upon a finding of guilt or entry of a guilty plea, or in the case of a plea offer,
at the time the proffer is made, a judge of the criminal court of record in the
case, defense attorneys, pretrial services officers, probation services, and
any other members of the Veterans Court Program Team may refer an eligible defendant
to the program. �Sentencing may be deferred until an eligible defendant is
either graduated or terminated from the program.�

���� b.� After a referral, a Veterans
Court Program team member shall contact the defendant and the defendant�s counsel,
as appropriate, to determine if the defendant is interested in participating in
the Veterans Court program and whether the defendant is eligible for Veteran Affairs
benefits. �Eligible persons who seek to apply to the Veterans Treatment Court
Program shall, by submitting an application, agree to postpone their speedy
trial rights.� Applicants who are detained pre-trial shall agree to a
reasonable amount of excludable time while legal and clinical determinations of
eligibility are made pursuant to this section.

���� c.� If the potential candidate
for the Veterans Treatment Court Program is eligible for Veterans Affairs
benefits and is interested in Veterans Treatment Court program participation, an
eligible veteran may be conditionally approved for admission into the program
pending verification of the person�s veteran status, review of the person�s
criminal history to determine if the person is legally eligible, and
consideration of the findings of a clinical assessment of the person�s mental
health by the Pretrial Services Program for a clinical determination of
eligibility.�

���� d.� A clinical determination
of eligibility shall be made by licensed mental health professional who shall
conduct an interview with an applicant to determine clinical appropriateness,
and who may also conduct interviews with family members, where the applicant
has completed a release authorizing such communications.� The licensed mental
health professional shall also assess whether there is a nexus between the
person's mental disorder or substance use disorder and the alleged crime.� The
clinical interview may be done in-person or remotely.� If conducted remotely,
the interview shall be conducted through technology that enables the
interviewer and applicant to see one another.� The licensed mental health
professional shall submit a psychosocial evaluation to aid the determination of
the applicant's eligibility for the Veterans Treatment Court Program.�

���� Psychosocial reports should be
returned to the court, the prosecutor�s office, and applicant's legal counsel
simultaneously within a reasonable period of time following clinical interviews
so as to not prejudice the prosecutor's office or the defendant's interests.�
The evaluation shall not be shared outside of the mental health evaluation
process.� Defense counsel's use of the psychosocial evaluation is limited to
the Veterans Treatment Court application process, and it cannot be used in any
other proceeding.� The psychosocial evaluation shall be provided to the judge
presiding over the Veterans Treatment Court docket prior to the issuance of any
orders of acceptance into the program.�

���� e.� Within 10 days of the
referral of an eligible defendant pursuant to subsection a. of this section,
the prosecutor shall notify the court that the prosecutor is either in favor of
or opposed to the eligible defendant�s participation in the Veterans Court Treatment
Program.� A prosecutor�s opposition to an eligible defendant�s participation in
the Veteran Court Treatment Program shall not be the sole reason for denying
admission of the defendant into the program.

���� f.� If the prosecution communicates
its preliminary determination in favor of an applicant�s participation, the Pretrial
Services Program and the Probation Office shall review the matter and make a
recommendation to the Veterans Treatment Court Presiding Judge and Veterans
Treatment Court Program Team as to whether the veteran should be accepted into
the program. �If the team, led by the judge, agrees that the veteran is
suitable for participation the eligible defendant shall be approved for
participation and all parties shall sign the Participant Agreement.

���� g.� The case shall be placed
on the differentiated veterans mental health supervision docket established
pursuant to subsection a. of this section.

���� 6.� (New section)� a.� Any eligible
defendant who has entered a guilty plea, or who has been convicted of a crime
or offense under the laws of this State, or, for whom a plea offer is under
consideration, at the time the proffer is made, may be sentenced under the
Statewide Veterans Treatment Court Program pursuant to a Memorandum of
Understanding in accordance with P.L. , c. (C. ) (pending
before the Legislature as this bill). �

���� 7. (New section)� a.� Administrative
Director of the Courts, differentiated veterans mental health and substance use
disorder case type; probation.

���� The Administrative Director of
the Courts shall develop a differentiated veterans mental health and substance
use disorder case type within the Probation Division of the Superior Court for
eligible persons who are eligible for participation in veteran services
probation supervision.�

���� Eligible persons who are
sentenced to a term of veterans services probation and supervision shall be
screened and assigned to a differentiated veterans mental health and substance
use disorder case type pursuant to procedures developed by the Administrative
Director of the Courts.� A person who is assigned to a differentiated veterans
mental health and substance use disorder supervision case type shall provide
written authorization for any case management, mental health or substance use
disorder service provider to release to the Probation Division, the court,
prosecutor, and defense counsel periodic status reports regarding the person's
participation, cooperation, and recovery progress.

���� b. To the extent that
sufficient resources are available, probation officers assigned to the
specialized caseload shall be experienced in behavioral health and
evidence-based therapeutic interventions and shall coordinate with federal and
State case management mental health and substance use disorder service
providers available to persons to promote their recovery, compliance with the
terms of probation, and re-integration into the community.

���� Probation officers assigned to
the Veterans Treatment Court Program may provide supervision to those
participants who have been accepted into the Veterans Treatment Court Program.

���� c.� The judge shall preside
over all Orders of Acceptance for each individual who is accepted into the Veterans
Treatment Court Program.� The Veterans Treatment Court Program Team shall meet
at regular intervals as determined by the court to discuss participant
treatment plans and participant progress and other topics critical to
treatment, reduction of recidivism, and public safety including, but not
limited to, pending applications, legal statuses, timelines for psychosocial
evaluation, plea agreements, and requirements for program participation to
promote the goals of programming.

���� d.��� All guilty pleas are
required to be entered before the court and may not originate from another
court.

���� e.���� The Veterans Treatment
Court Program Team shall consist of a Judge of the Superior Court who shall
preside over the Veterans Treatment Court Program for each designated region of
the State, designated Assistant Prosecutors, designated Public Defenders, a
certified mental health professional, a case manager, a specially trained
mental health probation officer, and a collaborative justice specialist.� A
social worker who is trained or certified regarding co-occurring issues can, if
resources are available, be incorporated into the Veterans Treatment Court Team.

���� 8.��� (New section)� a.� The
program leader in a selected vicinage shall be a Judge of the Superior Court
who shall preside over all participant appearances, regularly held Veterans
Treatment Court Program meetings, and all related court proceedings.� The judge
shall preside over regular Statewide Veterans Treatment Court Team meetings
where participant treatment, progress, and barriers are discussed.� All
sanctions shall be subject to discussion by team members, but final sanction
decisions shall be the sole province of the court.

���� b.� The judge shall meet with
each participant individually along with all members of the Statewide Veterans
Treatment Court Team in a location, which is suitable to facilitate private
conversations, to review and discuss the participant's progress, problems, and
goal achievements.

���� c.� The duration of the
program shall be for at least one year but not to exceed 18 months.�

���� d.� Three months prior to any
participant completing the program, the judge shall review a formal goal
attainment log with the participant and team members.�

���� e.� If the court finds that
the person has willfully failed to comply with any term or condition of the Veterans
Treatment Court Program agreement, the court is required to afford the person
notice and an opportunity to be heard on the issue of the defendant�s continued
participation in the Veterans Treatment Court Program. �All actions taken to
terminate an eligible person�s participation in a Veterans Treatment Court
Program is recommended to be carried out following a consultation with the
Victim Court Program Team in full compliance with due process laws and the
Rules Governing the Courts of the State of New Jersey.

���� f.� No fee shall be assessed
for applying to, participating in, or receiving treatment through the Veterans
Treatment Court Program.� Participants shall not be required to pay for
treatment and services as a condition of participating in the Veterans
Treatment Court Program.� The Veterans Treatment Court Program team shall
assist program participants in applying for all federal and State benefits that
may cover or offset the cost of necessary treatment and services, including
medication.� The Department of Veteran affairs is also required to assist the Veterans
Treatment Court Program Treatment Team in identifying available resources.�

���� g.� An eligible person may be
admitted to the Veterans Treatment Court Program one or more times, subject to
the restrictions enumerated in the bill if treatment promotes the person�s
recovery, prevents the commission of future offenses, and protects the safety
of the public.

���� h.� The dismissal of charges
based on successful participation in the Veterans Treatment Court Program would
not be deemed:

���� (1) a conviction for purposes
of disqualifications or disabilities but would be reported to the State Bureau
of Identification criminal history record information files for purposes of
determining future eligibility or exclusion from other diversion programs; or

���� (2) a conviction for the
purpose of determining whether a second or subsequent offense has occurred
under any law of this State.

���� 9.� (New section)� The
Attorney General, in consultation with the Administrative Director of the
Courts, the Commissioner of the Department of Veterans Affairs and county
prosecutors shall, no later than two years after the establishment of the Veterans
Treatment Court Program, prepare and submit a report to the Governor and,
pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature
regarding the program.� The report shall assist policymakers in determining
whether the Veterans Treatment Court Program should be modified or expanded to
achieve the goals of recovery for eligible persons and public safety.� The
report shall include statistics regarding the number of applications, the
number of eligible persons accepted into the Veterans Treatment Court Program
and the number who successfully completed this program; and other relevant
information and recommendations at the discretion of the Attorney General.

���� 10.� (New section) There is
created in the Department of the Treasury a special, non-lapsing fund to be
known as the "Veterans Treatment Court Program Support Fund."� There
shall be deposited into the fund the amounts made available for the purposes of
the fund and any interest earned thereon.� Monies deposited in the fund shall
be dedicated to the purposes of defraying the costs and expenses associated
with the administration and operation of the Statewide Veterans Treatment Court
Program established pursuant to P.L.��� c.��� �(C.��������� ) (pending before
the Legislature as this bill.

���� 11.� (New section)� Nothing in
P.L.���� c.��� (C.������ ), (pending before the Legislature as this bill) �shall
be construed to limit or constrain in any way the authority or discretion of a
prosecutor to divert, prosecute or pursue any other disposition of a criminal
matter involving a defendant who is a servicemember as defined within P.L.����
c.��� (C.������ ), (pending before the Legislature as this bill).� When
considering the appropriate treatment of a veteran, the Veteran Treatment Court
Program may use the Veterans Diversion Program established pursuant to P.L.2017,
c.42 (C.2C:43-23 et al), any other diversion mechanism authorized by law, or a
county-based law enforcement diversion program after considering each program's
restrictions, the relief available to the veteran, and the safety of any victim
and the public.

���� 12.� Section 1 of P.L.2013, c.
158 (C.2C:43-13.1) is amended to read as follows:

���� 1.��� Eligibility and
Application.� a.� Whenever any defendant who has not been previously convicted
of any petty disorderly persons offense, disorderly persons offense or crime
under any law of the United States, this State or any other state, and who has
not previously participated in conditional discharge under N.J.S.2C:36A-1,
supervisory treatment under N.J.S.2C:43-12, or conditional dismissal under
P.L.2013, c.158 (C.2C:43-13.1 et al.), a Veterans Diversion Program pursuant to
P.L.2017, c.42 (C.2C:43-23 et al.),
[
or
]
a Mental
Health Diversion Program pursuant to P.L.2023 c.188 (C.2C:43-32 et al.),
or a
Veterans Treatment Court Program under P.L.�� c.� (C.������ ) (pending before
the Legislature as this bill)
is charged with a petty disorderly offense or
disorderly persons offense except as provided in subsection b. of this section,
the defendant may, after a plea of guilty or a finding of guilt, but prior to
the entry of a judgment of conviction and with appropriate notice to the
prosecutor, apply to the court for entry into the conditional dismissal program
pursuant to the requirements of P.L.2013, c.158 (C.2C:43-13.1 et al.). As a
condition of such application, the defendant shall submit to the fingerprint
identification procedures as provided in R.S.53:1-15 before making such
application to the court to allow sufficient time for verification of the
defendant's criminal history by the prosecutor.

���� b. (1) A defendant shall not
be eligible for participation in the conditional dismissal program if the
offense for which the person is charged involved: (a) organized criminal or
gang activity; (b) a continuing criminal business or enterprise; (c) a breach
of the public trust by a public officer or employee; (d) domestic violence as
defined by subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19); (e) an
offense against an elderly, disabled or minor person; (f) an offense involving
driving or operating a motor vehicle while under the influence of alcohol,
intoxicating liquor, narcotic, hallucinogenic or habit-producing drug; (g) a
violation of animal cruelty laws; or (h) any disorderly persons offense or
petty disorderly persons offense under chapter 35 or 36 of Title 2C.

���� (2) Nothing in this act shall
preclude a defendant charged with any disorderly persons offense or petty
disorderly persons offense under chapter 35 or 36 of Title 2C from applying to
the court for admission into the conditional discharge program in accordance
with N.J.S.2C:36A-1.

���� c. In addition to the
eligibility criteria enumerated in this section, the court shall consider the
following factors:

���� (1) The nature and
circumstances of the offense;

���� (2) The facts surrounding the
commission of the offense;

���� (3) The motivation, age,
character and attitude of the defendant;

���� (4) The desire of the
complainant or victim to forego prosecution;

���� (5) The needs and interests of
the victim and the community;

���� (6) The extent to which the
defendant's offense constitutes part of a continuing pattern of anti-social
behavior;

���� (7) Whether the offense is of
an assaultive or violent nature, whether in the act itself or in the possible
injurious consequences of such behavior;

���� (8) Whether the applicant's
participation will adversely affect the prosecution of codefendants;

���� (9) Whether diversion of the
defendant from prosecution is consistent with the public interest; and

���� (10) Any other factors deemed
relevant by the court.

(cf: P.L.2023, c.188, s.10)

���� 13.� N.J.S.2C:36A-1 is amended
to read as follows:

���� 2C:36A-1.� Conditional
discharge for certain first offenses.

���� a.���� Whenever any person who
has not previously been convicted of any offense under section 20 of P.L.1970,
c.226 (C.24:21-20), or a disorderly persons or petty disorderly persons offense
defined in chapter 35 or 36 of this title or, subsequent to the effective date
of this title, under any law of the United States, this State or any other
state relating to marijuana, or stimulant, depressant, or hallucinogenic drugs,
and who has not previously participated in a program of supervisory treatment
pursuant to N.J.S.2C:43-12 or conditional dismissal pursuant to P.L.2013, c.158
(C.2C:43-13.1 et al.), a Veterans Diversion Program pursuant to P.L.2017, c.42
(C.2C:43-23 et al.),
[
or
]
a Mental
Health Diversion Program pursuant to P.L.2023 c.188 (C.2C:43-32 et al.)
, or �a
Veterans Treatment Court Program under P.L.�� c.� (C.������ ) (pending before
the Legislature as this bill)
is charged with or convicted of any
disorderly persons offense or petty disorderly persons offense under chapter 35
or 36 of this title, the court upon notice to the prosecutor and subject to
subsection c. of this section, may on motion of the defendant or the court:

���� (1) Suspend further
proceedings and with the consent of the person after reference to the State
Bureau of Identification criminal history record information files, place him
under supervisory treatment upon such reasonable terms and conditions as it may
require; or

���� (2) After a plea of guilty or
finding of guilty, and without entering a judgment of conviction, and with the
consent of the person after proper reference to the State Bureau of
Identification criminal history record information files, place him on supervisory
treatment upon reasonable terms and conditions as it may require, or as
otherwise provided by law.

���� b.��� In no event shall the
court require as a term or condition of supervisory treatment under this
section, referral to any residential treatment facility for a period exceeding
the maximum period of confinement prescribed by law for the offense for which
the individual has been charged or convicted, nor shall any term of supervisory
treatment imposed under this subsection exceed a period of three years.

���� Upon violation of a term or
condition of supervisory treatment the court may enter a judgment of conviction
and proceed as otherwise provided, or where there has been no plea of guilty or
finding of guilty, resume proceedings. Upon fulfillment of the terms and
conditions of supervisory treatment the court shall terminate the supervisory
treatment and dismiss the proceedings against him. Termination of supervisory
treatment and dismissal under this section shall be without court adjudication
of guilt and shall not be deemed a conviction for purposes of disqualifications
or disabilities, if any, imposed by law upon conviction of a crime or
disorderly persons offense but shall be reported by the clerk of the court to
the State Bureau of Identification criminal history record information files.
Termination of supervisory treatment and dismissal under this section may occur
only once with respect to any person.� Imposition of supervisory treatment
under this section shall not be deemed a conviction for the purposes of
determining whether a second or subsequent offense has occurred under section
29 of P.L.1970, c.226 (C.24:21-29), chapter 35 or 36 of this title or any law
of this State.

���� c.���� Proceedings under this
section shall not be available to any defendant unless the court in its
discretion concludes that:

���� (1) The defendant's continued
presence in the community, or in a civil treatment center or program, will not
pose a danger to the community; or

���� (2) That the terms and
conditions of supervisory treatment will be adequate to protect the public and
will benefit the defendant by serving to correct any dependence on or use of
controlled substances which he may manifest; and

���� (3) The person has not
previously received supervisory treatment under section 27 of P.L.1970, c.226
(C.24:21-27), N.J.S.2C:43-12, or the provisions of this chapter.

���� d.��� A person seeking
conditional discharge pursuant to this section shall pay to the court a fee of
$75 which shall be paid to the Treasurer of the State of New Jersey for deposit
in the General Fund.� The defendant shall also be required to pay restitution,
costs and other assessments as provided by law. A person may apply for a waiver
of this fee, by reason of poverty, pursuant to the Rules Governing the Courts
of the State of New Jersey, or the court may permit the defendant to pay the
conditional discharge fee and other assessments in installments or may order
other alternatives pursuant to section 1 of P.L.2009, c.317 (C.2B:12-23.1).

(cf:P.L.2023, c.188, s.11)

���� 14.� N.J.S.2C:43-12 is amended
to read as follows:

���� 2C:43-12.� Supervisory
treatment - pretrial intervention.

���� a. Public policy. The purpose
of N.J.S.2C:43-12 through N.J.S.2C:43-22 is to effectuate a Statewide program
of Pretrial Intervention. It is the policy of the State of New Jersey that
supervisory treatment should ordinarily be limited to persons who have not
previously been convicted of any criminal offense under the laws of New Jersey,
or under any criminal law of the United States, or any other state when
supervisory treatment would:

���� (1) Provide applicants, on an
equal basis, with opportunities to avoid ordinary prosecution by receiving
early rehabilitative services or supervision, when such services or supervision
can reasonably be expected to deter future criminal behavior by an applicant,
and when there is apparent causal connection between the offense charged and
the rehabilitative or supervisory need, without which cause both the alleged
offense and the need to prosecute might not have occurred; or

���� (2) Provide an alternative to
prosecution for applicants who might be harmed by the imposition of criminal
sanctions as presently administered, when such an alternative can be expected
to serve as sufficient sanction to deter criminal conduct; or

���� (3) Provide a mechanism for
permitting the least burdensome form of prosecution possible for defendants
charged with "victimless" offenses, other than defendants who were
public officers or employees charged with offenses that involved or touched
their office or employment; or

���� (4) Provide assistance to
criminal calendars in order to focus expenditure of criminal justice resources
on matters involving serious criminality and severe correctional problems; or

���� (5) Provide deterrence of
future criminal or disorderly behavior by an applicant in a program of
supervisory treatment.

���� b. (1) Admission of an
applicant into a program of supervisory treatment shall be measured according
to the applicant's amenability to correction, responsiveness to rehabilitation
and the nature of the offense.

���� (2) There shall be a
presumption against admission into a program of supervisory treatment for:

���� (a) a defendant who was a
public officer or employee whose offense involved or touched upon his public
office or employment; and

���� (b) a defendant charged with
any crime or offense involving domestic violence, as defined in subsection a.
of section 3 of P.L.1991, c.261 (C.2C:25-19) if the defendant committed the
crime or offense while subject to a temporary or permanent restraining order
issued pursuant to the provisions of the "Prevention of Domestic Violence
Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or if the crime or
offense charged involved violence or the threat of violence. For purposes of
this subparagraph, a crime or offense involves violence or the threat of
violence if the victim sustains serious or significant bodily injury as defined
in subsection

b. or d. of N.J.S.2C:11-1, or the
actor is armed with and uses a deadly weapon or threatens by word or gesture to
use a deadly weapon as defined in subsection c. of N.J.S.2C:11-1, or threatens
to inflict serious or significant bodily injury.

���� c.���� The decision and
reasons therefor made by the designated judges (or assignment judges),
prosecutors and program directors in granting or denying applications for
supervisory treatment, in recommending and ordering termination from the
program or dismissal of charges, in all cases shall be reduced to writing and
disclosed to the applicant.

���� d.��� If an applicant desires
to challenge the decision of the prosecutor or program director not to
recommend enrollment in a program of supervisory treatment the proceedings
prescribed under N.J.S.2C:43-14 and in accordance with the Rules of Court shall
be followed.

���� e.���� Referral. At any time
prior to trial but after the filing of a criminal complaint, or the filing of
an accusation or the return of an indictment, with the consent of the
prosecutor and upon written recommendation of the program director, the
assignment judge or a judge designated by him may postpone all further
proceedings against an applicant and refer said applicant to a program of
supervisory treatment approved by the Supreme Court. Prosecutors and program
directors shall consider in formulating their recommendation of an applicant's
participation in a supervisory treatment program, among others, the following
criteria:

���� (1) The nature of the offense;

���� (2) The facts of the case;

���� (3) The motivation and age of
the defendant;

���� (4) The desire of the
complainant or victim to forego prosecution;

���� (5) The existence of personal
problems and character traits which may be related to the applicant's crime and
for which services are unavailable within the criminal justice system, or which
may be provided more effectively through supervisory treatment and the
probability that the causes of criminal behavior can be controlled by proper
treatment;

���� (6) The likelihood that the
applicant's crime is related to a condition or situation that would be
conducive to change through his participation in supervisory treatment;

���� (7) The needs and interests of
the victim and society;

���� (8) The extent to which the
applicant's crime constitutes part of a continuing pattern of anti-social
behavior;

���� (9) The applicant's record of
criminal and penal violations and the extent to which he may present a
substantial danger to others;

���� (10) Whether or not the crime
is of an assaultive or violent nature, whether in the criminal act itself or in
the possible injurious consequences of such behavior;

���� (11) Consideration of whether
or not prosecution would exacerbate the social problem that led to the
applicant's criminal act;

���� (12) The history of the use of
physical violence toward others;

���� (13) Any involvement of the
applicant with organized crime;

���� (14) Whether or not the crime
is of such a nature that the value of supervisory treatment would be outweighed
by the public need for prosecution;

���� (15) Whether or not the
applicant's involvement with other people in the crime charged or in other
crime is such that the interest of the State would be best served by processing
his case through traditional criminal justice system procedures;

���� (16) Whether or not the
applicant's participation in pretrial intervention will adversely affect the
prosecution of codefendants; and

���� (17) Whether or not the harm
done to society by abandoning criminal prosecution would outweigh the benefits
to society from channeling an offender into a supervisory treatment program.

���� The prosecutor and the court,
in formulating their recommendations or decisions regarding an applicant's
participation in a veterans treatment court supervisory treatment program,
shall give due consideration to the victim's position on whether the defendant
should be admitted.

���� f.���� Review of Supervisory
Treatment Applications; Procedure Upon Denial. Each applicant for supervisory
treatment shall be entitled to full and fair consideration of his application.
If an application is denied, the program director or the prosecutor shall precisely
state his findings and conclusion which shall include the facts upon which the
application is based and the reasons offered for the denial. If the applicant
desires to challenge the decision of a program director not to recommend, or of
a prosecutor not to consent to, enrollment into a supervisory treatment
program, a motion shall be filed before the designated judge (or assignment
judge) authorized pursuant to the Rules of Court to enter orders.

���� g.��� Limitations. (1)
Supervisory treatment may occur only once with respect to any defendant and any
person who has previously received supervisory treatment under section 27 of
P.L.1970, c.226 (C.24:21-27), a conditional discharge pursuant to
N.J.S.2C:36A-1, a conditional dismissal pursuant to P.L.2013, c.158
(C.2C:43-13.1 et al.), or was granted a dismissal due to successful
participation in the Veterans Diversion Program pursuant to P.L.2017, c.42
(C.2C:43-23 et al.), or the Mental Health Diversion Program pursuant to
P.L.2023 c.188 (C.2C:43-32 et al.), shall not be eligible for supervisory
treatment under this section.

���� (2) Except as otherwise
provided in paragraph (3) of this subsection, supervisory treatment, as
provided herein, shall be available to a defendant irrespective of whether the
defendant contests his guilt of the charge or charges against him.

���� (3) Admission into supervisory
treatment shall be available to the following defendants only upon entering a
plea of guilty: (a) a defendant charged with a first or second degree crime;

���� (b) a defendant charged with
any crime if the defendant had previously been convicted of a first or second
degree crime; (c) a defendant charged with a third or fourth degree crime
involving domestic violence, as defined in subsection a. of section 3 of P.L.1991,
c.261 (C.2C:25-19); or (d) a defendant charged with any disorderly persons or
petty disorderly persons offense involving domestic violence, as defined in
subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19) if the defendant
committed the offense while subject to a temporary or permanent restraining
order issued pursuant to the provisions of the "Prevention of Domestic
Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.). For any such
defendant, following the plea of guilty the plea shall be held in an inactive
status pending termination of supervisory treatment pursuant to subsection d.
or e. of N.J.S.2C:43-13. Upon successful completion of the program of
supervisory treatment the charges shall be dismissed.

���� h.��� Termination. Termination
of supervisory treatment under this section shall be immediately reported to
the assignment judge of the county who shall forward such information to the
Administrative Director of the Courts.

���� i.���� Appointment of Program
Directors; Authorized Referrals. Programs of supervisory treatment and
appointment of the program directors require approval by the Supreme Court with
the consent of the assignment judge and prosecutor. Referrals of participants
from supervisory treatment programs may be to any public or private office or
agency, including but not limited to, programs within the probation service of
the court, offering counseling or any other social service likely to aid in the
rehabilitation of the participant and to deter the commission of other
offenses.

���� j.���� Health Care
Professional Licensing Board Notification. The program director shall promptly
notify the State Board of Medical Examiners when a State licensed physician or
podiatrist has been enrolled in a supervisory treatment program after he has
been charged with an offense involving drugs or alcohol.

���� The Attorney General shall
develop guidelines to ensure the uniform exercise of discretion by prosecutors
in formulating their recommendations on participation in a supervisory
treatment program by an applicant charged with a crime or offense involving domestic
violence, as defined in subsection a. of section 3 of P.L.1991, c.261
(C.2C:25-19).

(cf: P.L.2023, c.188, s.12)

���� 15. �This act shall take
effect on the first day of the sixth month next following enactment, except
that the Attorney General, the Administrative Director of the Courts, and the
Adjutant General of the Department of Veterans� Affairs may take any
anticipatory action in advance as shall be necessary for the implementation of
this act.

STATEMENT

���� This bill is intended to facilitate
the expansion and growth of programming for certain veterans of the United
States Armed Forces who, due to serious mental health or substance use disorder
issues, engage in conduct that results in involvement in the criminal justice
system. The bill establishes a Statewide Veterans Treatment Court Program (�VTCP�)
for the treatment of veterans in an accountability-based court system designed
to stabilize individuals whose conduct is linked to untreated trauma and
behavioral health conditions.� The system, a separate track for
justice-involved veterans, is designed to expand, not replace, the Veterans
Diversion Program established in 2017 by P.L.2017, c.42, (C.2C:43-23 et al.).�

Definitions of Terms

Because both concepts,
justice-involved veteran diversion and court-led structured treatment, are
linked in that both focus attention on veterans impacted by combat experience,
the following terms have the same meaning under the bill as under Veterans
Diversion Program, established under P.L.2017, c.42 (C.2C:43-23 et al.):�
�servicemember,� �mental illness,� and �veteran.��

���� Additionally, the following definitions
apply to the bill:�

���� �Eligible offense� includes
petty disorderly persons offenses, disorderly persons offenses, or any crime
set forth in title 2C of the New Jersey Statutes but shall not include an
ineligible offense.�

���� �Eligible person� means any
servicemember, or a veteran discharged under conditions other than dishonorable,

who is mentally competent as that term is defined in N.J.S.2C:4-4;
allegedly committed an eligible offense, or allegedly committed an ineligible
offense but is approved for participation by the court, and is not otherwise
disqualified by the provisions of P.L.���� c.��� (C.�� ), (pending before the
Legislature as this bill), and has been diagnosed with a mental disorder or
substance use disorder, either previously or through an assessment conducted
through the Veteran Court Treatment Program, and there is a nexus between the
person�s mental disorder condition or substance use disorder condition and the
commission of the alleged crime as determined by a licensed mental health or
substance use disorder professional.� Such conditions may include sexual trauma,
traumatic brain injury, and post-traumatic stress disorder.

���� �Ineligible offense� means:�

���� (1)� murder pursuant to
N.J.S.2C:11-3;

���� (2)� aggravated sexual assault
pursuant to subsection a. of N.J.S.2C:14-2; or

���� (3)� any offense enumerated in
N.J.S.2C:47-1 for which the defendant�s conduct was characterized by a pattern
of repetitive, compulsive behavior.

���� �Memorandum of Understanding�
means a document, to be drafted by the New Jersey Administrative Office of the
Courts, and signed by the stakeholders in the New Jersey Veterans Treatment
Court Program created to establish the rights and responsibilities of each
stakeholder in the program to provide each qualified veteran charged under the
New Jersey Code of Criminal Justice an opportunity to receive rehabilitative,
mental health, and social services as needed.� The stakeholders include the New
Jersey Judiciary, the Pretrial Services Program, the Probation Division, the
Attorney General, and the Public Defender and veteran mentors.

���� �Participant Agreement� means
the document which sets forth the rules and expectations established for a
participant in the New Jersey Veterans Treatment Court Program which must be
reviewed and signed by a participant and other program participant prior to the
start of treatment.

���� �Psychosocial assessment� or
�psychosocial evaluation� means a written evaluation of an individual�s mental
and emotional functioning.

���� �Statewide Veterans Treatment
Court Program� or �Veterans Treatment Court Program, VTCP� means the program
established pursuant to the bill.

���� �Veterans Court Program Team,
VCPT� means the judge, who presides over a team of professionals from the
fields of mental health, substance use disorders, and criminal justice. �Additional
members of the team shall include Probation Services, Pretrial Services,
defense attorneys and the prosecutor.

���� �Veterans Court Program
Treatment Team, VCPTT� means the treatment professional members of the Veteran
Court Program Team presided over by the judge of the Veterans Treatment Court
Program Team.

Responsibilities of the Attorney
General

���� Under the bill, within one
year of the bill�s effective date, the Attorney General, in consultation with
the Administrative Office of the Courts is required to establish a VTCP in one
vicinage in each of the northern, central, and southern regions of the State,
to accept eligible persons from within the vicinage. �Similar programs in
operation at that time may be deemed to comply with the requirements of this bill
and may be selected for inclusion in the VTCP. One regional VTCP is required to
be designated for each region.�

���� The Attorney General in
consultation with the Administrative Director of the Courts, the Commissioner
of the Department of Veterans Affairs and county prosecutors shall, no later
than two years after the establishment of the Veterans Treatment Court Program,
prepare and submit is submit a report to the Governor and to the Legislature
regarding the program.�

���� The Attorney General shall
publish on its website information regarding the Veterans Treatment Court
Program, including the any required guidelines.

Responsibilities of the Administrative
Office of the Courts (AOC)

���� The AOC, the Department of
Veterans Affairs, and the Department of Human Services shall collaborate with the
United States Veterans Health Administration, and, United States Vet Centers, to
create a Memorandum of Understanding, the document which establishes the rights
and responsibilities of each stakeholder.�

���� The Administrative Director of
the Courts is directed to develop a differentiated veterans mental health and
substance use disorder case type within the Probation Division of the Superior
Court for persons who are eligible for participation in veteran services
probation supervision.

���� Probation officers assigned to
this specialized caseload should be experienced in behavioral health and
evidence-based therapeutic interventions.�

Responsibilities of the VTCP
Judge

���� The program leader in a
selected vicinage is the judge of the Superior Court who shall preside over all
participant appearances, regularly held VTCP meetings, and all related court
proceedings. The judge shall meet with each participant individually along with
all members of the VCPT in a location which is suitable to facilitate private
conversations, to review and discuss the participant�s progress, problems, and
goal achievements. Court proceedings include but are not limited to guilty
pleas, sentencings, sanctions, recognitions, notice of terminations,
termination hearings, graduations, withdrawals, and violations of probation.
Three months prior to any participant moving on, the judge shall review a
formal goal attainment log with the participant and VTCP members.

Responsibilities of the VCPTT

���� The treatment team, VCPTT, is
primarily responsible for providing treatment for the eligible person admitted
the program.�

���� Additionally, the treatment
team, or VCPTT, is required to assist program participants in applying for all
federal and State benefits that may cover or offset the cost of necessary
treatment and services, including medication.

Referral to VTCP and the
Application Process

���� Upon a finding of guilt or
entry of a guilty plea, or in the case of a plea offer, at the time the proffer
is made, a judge of the criminal court of record in the case, defense
attorneys, pretrial services officers, probation services, and any other members
of the veterans court program team may refer a veteran defendant to the
program. �Involvement in the VTCP entails, among other criteria, a process for
determining eligibility, a legal determination of eligibility, prosecutorial
discretion, a clinical determination, any additional terms of the specific
program which shall be set forth in the terms of a Participant Agreement,
pursuant to which conditions for the dismissal of charges are enumerated. An
eligible person who applies for admission to the VTCP is required to agree to
postpone their speedy trial rights.

Additional Requirements for
Program Participation

���� The terms of participation are
set out in each participant agreement.�

Duration of Participation

���� The court shall determine the
duration of the person�s participation in the VTCP. �The length of the person�s
participation in the program is not to exceed 18 months from the date of admission
to the program by the court.

Consequences for Failure to
Comply

���� If the court finds that the
person has willfully failed to comply with any term or condition of the VTCP
agreement, the court is required to afford the person notice and an opportunity
to be heard on the issue of the defendant�s continued participation in the
VTCP. All actions taken to terminate an eligible person�s participation in a
VTCP is recommended to be carried out following a consultation with the VCPT in
full compliance with due process laws and the Rules Governing the Courts of the
State of New Jersey.

Fees

���� No fee is to be assessed for
applying to, participating in, or receiving treatment through the VTCP. �VTCP
participants shall not be required to pay for treatment and services as a
condition of participating in the VTCP. The VCPTT team is required to assist
program participants in applying for all federal and State benefits that may
cover or offset the cost of necessary treatment and services, including
medication. The Department of Veterans Affairs is also required to assist the
VCPTT in identifying available resources, programs, and benefits.

Multiple Admissions

���� An eligible person may be
admitted to the VTCP one or more times, subject to the certain restrictions
enumerated in the bill as heretofore described, if treatment promotes the
person�s recovery, prevents the commission of future offenses, and protects the
safety of the public.

Dismissal of Charges

���� The dismissal of charges based
on successful participation in the VTCP would not be deemed: (1) a conviction
for purposes of disqualifications or disabilities but would be reported to the
State Bureau of Identification criminal history record information files for
purposes of determining future eligibility or exclusion from other diversion
programs; or (2) a conviction for the purpose of determining whether a second
or subsequent offense has occurred under any law of this State.

Other Programs

���� The court may use the VTCP
established under the bill, any other treatment authorized by law, or a
county-based law enforcement treatment program after considering each program�s
restrictions, the relief available to the eligible person, and the safety of
any victim and the public.

Training

���� The bill would require the
Administrative Director of the Courts to develop a differentiated mental health
and substance use supervision case type within the Probation Division of the
Superior Court for eligible persons who are sentenced to a term of probation
supervision for treatment under the VTCP. �To the extent that sufficient
resources are available, probation officers assigned to the specialized
caseload should be experienced in behavioral health and evidence-based
therapeutic interventions. The probation officers would also coordinate with
federal and State case management and mental health care providers to promote
recovery and compliance with the terms of probation.

Amendatory Sections

���� The bill amends the pretrial
intervention (PTI) statute (N.J.S.2C:43-12), conditional discharge statute
(N.J.S.2C:36A-1) and the conditional dismissal statute (section 1 of P.L.2013,
c.158 (C.2C:43-13.1)) to cross reference the VTCP established by the bill. Successful
completion of the VTCP bars the person�s subsequent eligibility for the PTI,
conditional dismissal and conditional discharge programs. However, an eligible
person who participated in any of those diversion programs may seek subsequent
admission to the VTCP and may be admitted at the sole discretion of the
prosecutor.

�Veterans Treatment Court
Program Support Fund�

���� The bill establishes a
special, non-lapsing fund to be known as the �Veterans Treatment Court Program
Support Fund.� �The fund shall be a depository for amounts made available for
the purpose of the fund, and dedicated to the purpose of defraying the costs
and expenses associated with the VTCP.